Buckley Towers Condominium, Inc. v. Buchwald

KEHOE, Judge.

We have carefully examined the issues raised by this appeal and find them to be controlled by our recent decision in Burleigh House Condominium v. Buchwald, 368 So.2d 1316 (Fla. 3d DCA 1979). In light of that decision, which we note was unavailable to the trial court at the time it entered summary judgment for the appellees, the summary judgment must be reversed.

We have particularly considered the issue of whether the doctrine of estoppel by judgment applies here to bar the appellant’s cause of action. The appellees contend that this action is barred by the prior cases of Buckley…